HomeMy WebLinkAboutAGENDA REPORT 2006 1206 CC REG ITEM 10DrrE-M 10.
MINUTES OF THE CITY COUNCIL
Moorpark, California November 15 2006
A Regular Meeting of the City Council of the City of Moorpark was held on November
15, 2006, in the Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 7:37 p.m.
2. PLEDGE OF ALLEGIANCE:
Councilmember Harper led the Pledge of Allegiance at the earlier Special City
Council /Redevelopment Agency /Public Financing Authority meeting at 7:33 p.m.
3. ROLL CALL:
Present: Councilmembers Harper, Mikos, Parvin, and Mayor Hunter.
Absent: Councilmember Millhouse.
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager; Mary Lindley,
Parks /Recreation and Community Services Director; Barry
Hogan, Community Development Director; Johnny Ea,
Finance Director; Yugal Lall, City Engineer /Public Works
Director; Jennifer Mellon, Senior Management Analyst;
Captain Jeff Matson, Sheriff's Department; Deborah
Traffenstedt, Administrative Services Director /City Clerk; and
Maureen Benson, Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. City Manager's Monthly Report.
Mr. Kueny deferred the monthly report.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to pull Item 10.F. from the Consent
Calendar for individual consideration upon the request of Mayor Hunter.
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7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos announced she had attended the 5th Annual Ventura
County Housing Conference called "Growing Up in Ventura County" on
November 15, where bonus points for grant applications for housing projects
using "Green Housing Practices" were discussed. She recommended the City go
further with green building guidelines especially for the construction of the new
city hall and for affordable housing projects.
Councilmember Mikos requested a future agenda item to address how eco-
friendly the City maintenance program is for weed abatement and pest control.
8. PUBLIC HEARINGS:
CONSENSUS: It was the consensus of the Council to hear Items 8.A. and 8.13.
concurrently.
A. Consider General Plan Amendment No. 2003 -04 Zone Change No 2003-
03, Development Agreement No. 2004 -01 Tentative Tract Map No 5463
and Residential Planned Development Permit No 2003 -04 for Fifty -One
(51) Single - Family Homes on 43.04 Acres North of Championship Drive
and East of Grimes Canyon Road on the Application of Toll Brothers Inc
(continued public hearing open from September 20, 2006) Staff
Recommendation: 1) Continue to receive public testimony, and close the
public hearing; 2) Adopt Resolution No. 2006 -2537 adopting a Mitigated
Negative Declaration and approving General Plan Amendment No. 2003-
04; 3) Introduce, for first reading, Ordinance No. 345 approving Zone
Change No. 2003 -03, and set December 6, 2006, for second reading; 4)
Introduce, for first reading, Ordinance No. 346 adopting Development
Agreement No. 2004 -01, and set December 6, 2006, for second reading;
and 5) Adopt Resolution No. 2006- approving Tentative Map No.
5463 and Residential Planned Development Permit No. 2003 -04, subject
to Conditions of Approval.
B. Consider General Plan Amendment No. 2003 -04 Zone Change No 2003-
03, Development Agreement No. 2004 -02 Tentative Tract Map No 5464
and Residential Planned Development Permit No 1994 -01 Modification
No. 6 for Thirty -Six (36) Single - Family Homes on 28.69 Acres North of
Championship Drive and West of Walnut Canyon Road on the Application
of Toll Brothers. Inc. (continued public hearing open from September 20,
2006) Staff Recommendation: 1) Continue to receive public testimony,
and close the public hearing; 2) Adopt Resolution No. 2006 -2537,
adopting a Mitigated Negative Declaration and approving General Plan
Amendment No. 2003 -04; 3) Introduce, for first reading, Ordinance No.
345 approving Zone Change No. 2003 -03, and set December 6, 2006, for
second reading; 4) Introduce, for first reading, Ordinance No. 347
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Moorpark, California Page 3 November 15 2006
adopting Development Agreement No. 2004 -02, and set December 6,
2006, for second reading; and 5) Adopt Resolution No. 2006 -
approving Tentative Map No. 5464 and Modification No. 6 to Residential
Planned Development Permit No. 1994 -01, subject to Conditions of
Approval.
In response to Mayor Hunter's request to continue Items 8.A. and 8.B. to
December 6, 2006, due to the absence of Councilmember Millhouse and certain
questions he wished to resolve with staff prior to the public hearings, there was
no consensus to continue the items.
Mr. Hogan gave the staff reports and addressed the issue of transfer of
ownership of the five lots on the Husted property, the creation of two new
Homeowners Associations (HOAs), and consideration for the addition of
Option No. 2 for access from Grimes Canyon Road rather than
Championship Drive for Tract 5463.
Mr. Hogan described a Condition of Approval which would need to be
added to allow both the existing Tract 4928 HOA members and the Mazur
property to have access to the new private recreation area proposed to be
constructed on the helipad site with pro rata assessments for both tracts.
Mayor Hunter announced the public hearings remain open.
Craig Messi, representing Toll Brothers, Inc, 301 Science Drive, Moorpark,
California, stated they concur with the City Attorney's report and with the
staff report. He cited a Toll report provided to Council indicating
improvement in service to rectify customer service issues with existing
residents.
Mike Sullivan, Shehbaz Siddiq, David Jacobs, and Tucker Brown (Council
waived rules to hear late speakers) spoke in opposition to the projects
stating the existing community does not support these two projects and
requested Council not approve them until Toll Brothers owns the 5 -acre
parcel needed to allow Tract 5453 to be built; safety issues exist if the
gates remain open to construction traffic on Palmer Drive; grading should
cease after 5:30 p.m. during the weekdays and should be prohibited on
Saturdays; rodent abatement should be implemented and a snake fence
provided for those properties with exposed fencing; Option 2 access from
Grimes Canyon is preferred; and all outstanding issues with existing
residents should be resolved prior to Toll moving forward with new
construction.
Nina Mazur and Scott Mosher and Gary Cabriales (Council waived rules
to hear late speakers) spoke in support of the projects citing Toll Brothers'
many accommodations to the existing residents and a balance between
the many benefits to the community versus the inconveniences; Toll's
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Moorpark, California Page 4 November 15 2006
contributions to the community, especially to the Boys and Girls Club; and
the positive impact the Moorpark Country Club and golf course have
brought to Moorpark.
Roseann Stevenson, President of the Country Club Estates HOA,
provided information from the HOA's attorney and explained the HOA's
recent vote was whether or not to approve amendments to the CC &R's to
add the new homes to the existing HOA. She repeated her request from
previous meetings to annex the entry monuments to the existing HOA to
ensure uniform landscaping and maintenance.
David Schwabauer repeated his request from a previous meeting in
regard to obtaining some kind of permanent fencing along his ranch
property adjacent to the existing Toll Bros. development.
A discussion followed among the Councilmembers and staff which
focused on: 1) Restrictions on hours and days for grading; 2) Installation
of a snake abatement fence and implementation of a rodent abatement
program without using anticoagulant for properties adjacent to the Husted
project; 3) Restriction on the use of Santa Barbara and San Marino
models to be subject to the Community Development Director's discretion
in order to insure more diversity in the development; 4) Construction traffic
access to be restricted to Walnut Canyon Road until grading requirements
for the 16th home are necessary; and 5) Installation of security gates at
the intersection of Sarazen Drive and Palmer Drive to protect existing
residents, along with the addition of a security guard, if determined
necessary by the Community Development Director.
A discussion followed among the Councilmembers and staff regarding: 1)
Adding a requirement in the Development Agreement for a date certain for
the Tentative Map and annexation of the entry monuments to the HOA; 2)
Option 1 provides better traffic flow, removes the dangerous curve in the
road, and widens Grimes Canyon Road; 3) Adding a requirement for
owners of Mazur lots to have access to the recreation area site if the
helipad is not constructed; 4) Add back in the annexation condition on
stamped page 137; and 5) Resolutions for the Tentative Maps should
come back on December 6, 2006 for approval after all changes required
by Council have been made.
Mr. Messi stated: 1) Construction access will be from the existing driveway
off of Walnut Canyon Road for as long as possible and then towards the
end of the project Toll will install a temporary gate at Sarazen Drive and
Palmer Drive, subject to the Community Development Director's approval;
2) Toll will install a snake fence and provide rodent abatement using no
anticoagulant for the first phase of lots adjacent to the Husted project; 3)
The entry monuments will be annexed to the HOA; 4) A fence will be built
along Mr. Schwabauer's property in keeping with existing project fencing
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Moorpark, California Page 5 November 15 2006
and subject to the Community Development Director's approval of
materials and style, and with the maintenance to be the responsibility of
Mr. Schwabauer; and 5) Toll is amenable to the language changes to the
Development Agreements in regard to the date certain for the Tentative
Maps as long as the probate for the property in question does not go on
forever.
A discussion followed among the Councilmembers regarding the
acquisition of the five -acre parcel. In response to Mayor Hunter, Mr.
Messi concurred that the acquisition should take place within two years
and if not then, a series of 12 -month extensions for the Final Map at the
discretion of the Council would be agreeable.
A discussion followed among the Councilmembers and staff regarding the
access road options focused on safety, and providing better traffic flow,
and a better land plan of Option 1.
CONSENSUS: It was the consensus of the Council for the access road to be off
of Championship Drive rather than Grimes Canyon Road in accordance with
Option 1 for Tract 5463.
Mayor Hunter closed the public hearings.
A discussion followed among the Councilmembers and staff regarding the
helipad site, restriction on construction of Santa Barbara and San Marino
models, and correction of minor discrepancies in the Mitigated Negative
Declaration.
CONSENSUS: It was the consensus of the Council to add conditions of approval
such that: 1) A permit adjustment, subject to the approval of the Community
Development Director would be required if the helipad is developed into a private
recreation area; and 2) Construction of Santa Barbara and San Marino models
shall be restricted to provide more variety and shall be subject to the approval of
the Community Development Director.
MOTION: Councilmember Harper moved and Councilmember Parvin seconded
a motion to adopt Resolution No. 2006 -2537 adopting a Mitigated Negative
Declaration, as amended for administrative changes and approving General Plan
Amendment No. 2003 -04 with aneffective date to be 30 days after the second
reading of the zone change and development agreement ordinances. The
motion carried by voice vote 4 -0, Councilmember Millhouse absent.
Mr. Montes read the title of Ordinance No. 345.
MOTION: Councilmember Mikos moved and Councilmember Harper seconded
a motion to waive further reading and introduce Ordinance No. 345 approving
Zone Change No. 2003 -03 for first reading, and set December 6, 2006, for
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Moorpark, California Page 6 November 15 2006
second reading and adoption. The motion carried by roll call vote 4 -0,
Councilmember Millhouse absent.
Mr. Montes read the title of Ordinance No. 346.
MOTION: Councilmember Harper moved and Councilmember Parvin seconded
a motion to waive further reading, introduce Ordinance No. 346 adopting
Development Agreement No. 2004 -01 for first reading, as amended to remove
redundant Section 6.28, add a requirement for a date certain for the Tentative
Map, annex the entrance monument to the HOA within six months of the
operative date of the development agreement or if the HOA does not accept the
monument, maintenance will be the responsibility of the golf course, and
obligation to install fencing on adjacent agricultural property, and set December
6, 2006, for second reading and adoption. The motion carried by roll call vote 4-
0, Councilmember Millhouse absent.
Mr. Montes read the title of Ordinance No. 347.
MOTION: Councilmember Mikos moved and Councilmember Harper seconded
a motion to waive further reading, introduce Ordinance No. 347 adopting
Development Agreement No. 2004 -02 for first reading, as amended to add a
requirement for a date certain for the Tentative Map, annex the entrance
monument to the HOA within six months of the operative date of the
development agreement or if the HOA does not accept the monument,
maintenance will be the responsibility of the new HOA that is formed on this
project, and obligation to install fencing on adjacent agricultural property, and set
December 6, 2006, for second reading and adoption. The motion carried by
voice vote 4 -0, Councilmember Millhouse absent.
MOTION: Councilmember Harper moved and Councilmember Parvin seconded
a motion for Tentative Map No. 5463 and Residential Planned Development
Permit No. 2003 -04, along with amended Tentative Map No. 5464 and
Modification No. 6 to Residential Planned Development Permit No. 1994 -01 to
return on December 6, 2006, for approval as amended per Council direction for
Conditions of Approval to include: 1) Restriction on grading hours to be from 7:00
a.m. to 5:00 p.m. Mondays through Fridays and no grading allowed on Saturdays
and Sundays; 2) Installation of a snake abatement fence and implementation of a
rodent abatement program using no anticoagulant for properties adjacent to
Tract 5463; 3) Restriction on the use of Santa Barbara and San Marino models to
be subject to the Community Development Director's discretion in order to insure
more diversity in the development; 4) Construction traffic access to be restricted
to Walnut Canyon Road until occupancy of the 15th home when grading will be
required for the 16th home for Tract 5464; 5) Installation of security gates at the
intersection of Sarazen and Palmer Drives to protect existing residents, along
with the addition of a security guard, if determined necessary by the Community
Development Director for Tract 5464; and 6) Addition of a condition to Tract 5464
to address improvement of the helipad site as a recreation area and cost sharing
p, 9- 1! T
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for maintenance by HOAs for Tracts 5464 and 4928. The motion carried by roll
call vote 4 -0, Councilmember Millhouse absent.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Ad Hoc Committee Recommendation on Development
Agreement No. 2004 -03 with Essex Portfolio L P for Approximately 19 41
Acres South of Casey Road. Staff Recommendation: Direct staff to set
and advertise public hearings before the Planning Commission and City
Council for consideration of the development agreement, subject to final
language approval of the City Manager and City Attorney
Mr. Kueny requested this item be continued to December 6 to allow
additional time to meet with the developer.
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
CONSENSUS: It was the consensus of the Council to continue this item to
December 6, 2006.
B. Consider Ordinance Amending Title 16 of the Moorpark Municipal Code
(Subdivisions) by Adding Chapter 16.50: Covenants for Easement. Staff
Recommendation: Introduce Ordinance No. 348 for first reading, waive
full reading, and schedule second reading and adoption for December 6,
2006.
Mr. Hogan gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
Mr. Montes read the title of Ordinance No. 348.
MOTION: Councilmember Harper moved and Councilmember Parvin seconded
a motion to waive further reading, introduce Ordinance No. 348, amending Title
16 of the Moorpark Municipal Code (Subdivisions) by adding Chapter 16.50:
Covenants for Easement, for first reading, and schedule second reading and
adoption for December 6, 2006. The motion carried by voice vote 4 -0,
Councilmember Millhouse absent.
C. Consider a Consultant for Library Operations. Staff Recommendation:
Authorize the City Manager to execute an agreement with LSSI Inc., to
operate the Moorpark City Library, subject to final language approval by
the City Manager and City Attorney. ROLL CALL VOTE REQUIRED
Ms. Mellon gave the staff report.
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In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
MOTION: Councilmember Harper moved and Councilmember Parvin seconded
a motion to authorize the City Manager to execute an agreement with LSSI Inc.,
to operate the Moorpark City Library, subject to final language approval by the
City Manager and City Attorney. The motion carried by roll call vote 4 -0,
Councilmember Millhouse absent.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a
motion to approve the Consent Calendar with the exception of Item 10.F, which
was pulled for individual consideration. The motion carried by roll call vote 4 -0,
Councilmember Millhouse absent.
A. Consider Approval of the Regular Meeting Minutes of October 18 2006.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year 2006 -2007 —
November 15, 2006. Staff Recommendation: Approve the warrant
register.
C. Consider Agreement with the State Department of Health Services
Regarding Applying Pesticides for Public Health Purposes. Staff
Recommendation: Approve the Cooperative Agreement and authorize the
Mayor to execute the Agreement on behalf of the City.
D. Consider Waiving City Purchasing Procedure for Procurement of Library
Furniture. Staff Recommendation: Waive City purchasing procedure for
procurement of library furniture not to exceed $40,000.00. ROLL CALL
VOTE REQUIRED
E. Consider the Purchase of an Automation System for the Moorpark City
Library. Staff Recommendation: Authorize the purchase of the SirsiDynix
Horizon System as the automation system for the Moorpark City Library
and approve the license agreement. ROLL CALL VOTE REQUIRED
G. Consider Approval of a _Proiect to Construct a Bus Turn -Out on the East
Side of Spring Road South of Charles Street and a Resolution Amending
the Fiscal Year 2006/07 Budget to Fund the Proiect. Staff
Recommendation: Approve the subject project and adopt Resolution No.
2006 -2538, amending the FY 2006/07 Budget in the amount of
131,000.00. ROLL CALL VOTE REQUIRED
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The following item was pulled for individual consideration.
F. Consider Art in Public Places Obligation for Village at Moorpark Shopping
Center and the Grove Shopping Center. Staff Recommendation: Approve
the recommendation of the Public Art Advisory Committee as outlined in
the agenda report
Mayor Hunter stated he pulled this item to discuss adding a bond
requirement for the maintenance and operation of the fountain.
A discussion followed among Councilmembers and staff regarding
proposed language to amend Ordinance No. 344 concerning Art in Public
Places to require a maintenance bond for seven years for all art
construction.
MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion
to: 1) Approve the recommendation of the Public Art Advisory Committee as
outlined in the agenda report and as amended to require a bond for the
construction and maintenance of the fountain; and 2) Direct staff to return with
proposed language to amend Ordinance No. 344 to require a maintenance bond
for seven (7) years for all art construction. The motion carried by roll call vote 4-
0, Councilmember Millhouse absent.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 10:01 p.m.
ATTEST:
Deborah S. Traffenstedt
City Clerk
Patrick Hunter, Mayor